TAMPA, FL - AUGUST 28: U.S. Rep. Ron Paul (R-TX) walks the arena floor during the second day of the Republican National Convention at the Tampa Bay Times Forum on August 28, 2012 in Tampa, Florida. Today is the first full session of the RNC after the start was delayed due to Tropical Storm Isaac. (Photo by Chip Somodevilla/Getty Images) less

TAMPA, FL - AUGUST 28: U.S. Rep. Ron Paul (R-TX) walks the arena floor during the second day of the Republican National Convention at the Tampa Bay Times Forum on August 28, 2012 in Tampa, Florida. Today is ... more

Photo: Chip Somodevilla / Getty Images

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Rep. Ron Paul (R-TX/14) greets convention attendees at the second session of the 2012 Republican National Convention at the Tampa Bay Times Forum in Tampa, Tuesday, August 28, 2012. (Lionel Hahn/Abaca Press/MCT) less

Rep. Ron Paul (R-TX/14) greets convention attendees at the second session of the 2012 Republican National Convention at the Tampa Bay Times Forum in Tampa, Tuesday, August 28, 2012. (Lionel Hahn/Abaca ... more

Photo: Lionel Hahn / McClatchy-Tribune News Service

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Rep. Ron Paul (R-Texas) speaks during his We are the Future Rally at the University of South Florida Sun Dome on Sunday, August 26, 2012, in Tampa, Florida. (Daniel Wallace/Tampa Bay Times/MCT)

Rep. Ron Paul (R-Texas) speaks during his We are the Future Rally at the University of South Florida Sun Dome on Sunday, August 26, 2012, in Tampa, Florida. (Daniel Wallace/Tampa Bay Times/MCT)

Photo: Daniel Wallace / McClatchy-Tribune News Service

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Rep. Ron Paul (R-Texas) speaks during his We are the Future Rally at the University of South Florida Sun Dome on Sunday, August 26, 2012, in Tampa, Florida. (Daniel Wallace/Tampa Bay Times/MCT)

Rep. Ron Paul (R-Texas) speaks during his We are the Future Rally at the University of South Florida Sun Dome on Sunday, August 26, 2012, in Tampa, Florida. (Daniel Wallace/Tampa Bay Times/MCT)

Photo: Daniel Wallace / McClatchy-Tribune News Service

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TAMPA, FL - AUGUST 26: Former Republican presidential candidate U.S. Rep. Ron Paul (R-TX) speaks during a rally in the Sun Dome at the University of South Florida on August 26, 2012 in Tampa, Florida. The rally was being held on the eve of the start of the Republican's nominating convention which is scheduled to convene on August 27 and will hold its first session on August 28 as Tropical Storm Isaac threatens disruptions due to its proximity to the Florida. (Photo by Joe Raedle/Getty Images) less

TAMPA, FL - AUGUST 26: Former Republican presidential candidate U.S. Rep. Ron Paul (R-TX) speaks during a rally in the Sun Dome at the University of South Florida on August 26, 2012 in Tampa, Florida. The ... more

Photo: Joe Raedle / Getty Images

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TAMPA, FL - AUGUST 26: Former Republican presidential candidate U.S. Rep. Ron Paul (R-TX) speaks during a rally in the Sun Dome at the University of South Florida on August 26, 2012 in Tampa, Florida. The rally was being held on the eve of the start of the Republican's nominating convention which is scheduled to convene on August 27 and will hold its first session on August 28 as Tropical Storm Isaac threatens disruptions due to its proximity to the Florida. (Photo by Joe Raedle/Getty Images) less

TAMPA, FL - AUGUST 26: Former Republican presidential candidate U.S. Rep. Ron Paul (R-TX) speaks during a rally in the Sun Dome at the University of South Florida on August 26, 2012 in Tampa, Florida. The ... more

Photo: Joe Raedle / Getty Images

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TAMPA, FL - AUGUST 26: Former Republican presidential candidate U.S. Rep. Ron Paul (R-TX) and his wife, Carol Paul, stand together after he spoke at a rally in the Sun Dome at the University of South Florida on August 26, 2012 in Tampa, Florida. The rally was being held on the eve of the start of the Republican's nominating convention which is scheduled to convene on August 27 and will hold its first session on August 28 as Tropical Storm Isaac threatens disruptions due to its proximity to the Florida. (Photo by Joe Raedle/Getty Images) less

TAMPA, FL - AUGUST 26: Former Republican presidential candidate U.S. Rep. Ron Paul (R-TX) and his wife, Carol Paul, stand together after he spoke at a rally in the Sun Dome at the University of South Florida ... more

Photo: Joe Raedle / Getty Images

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Presidential candidate Ron Paul speaks during the Minnesota Republican State Convention Friday, May 18, 2012, in St. Cloud, Minn.

Presidential candidate Ron Paul speaks during the Minnesota Republican State Convention Friday, May 18, 2012, in St. Cloud, Minn.

Photo: Dave Schwarz / Associated Press

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Presidential candidate Ron Paul speaks to delegates at the Minnesota Republican State Convention Friday, May 18, 2012, in St. Cloud, Minn.

Presidential candidate Ron Paul speaks to delegates at the Minnesota Republican State Convention Friday, May 18, 2012, in St. Cloud, Minn.

Photo: Dave Schwarz / Associated Press

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Ron Paul speaks at The Tea Party Express rally at the Capitol in Austin, Sunday, May 6, 2012.

Ron Paul speaks at The Tea Party Express rally at the Capitol in Austin, Sunday, May 6, 2012.

Photo: Jay Janner / Associated Press, Statesman.com

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Ron Paul speaks at The Tea Party Express rally at the Capitol in Austin, on Sunday May 6, 2012. Thousands attended the event, which included speeches by Paul and U.S. Senate candidate Ted Cruz.

Ron Paul speaks at The Tea Party Express rally at the Capitol in Austin, on Sunday May 6, 2012. Thousands attended the event, which included speeches by Paul and U.S. Senate candidate Ted Cruz.

Photo: Jay Janner / Associated Press, Statesman.com

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Ron Paul speaks at The Tea Party Express rally at the Capitol in Austin, on Sunday May 6, 2012. Thousands attended the event, which included speeches by Paul and U.S. Senate candidate Ted Cruz.

Ron Paul speaks at The Tea Party Express rally at the Capitol in Austin, on Sunday May 6, 2012. Thousands attended the event, which included speeches by Paul and U.S. Senate candidate Ted Cruz.

Photo: Jay Janner / Associated Press, Statesman.com

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Ron Paul gets in his car after he speaks to his supporters at the University of Texas LBJ Library Lawn on Thursday April 26, 2012, in Austin.

Ron Paul gets in his car after he speaks to his supporters at the University of Texas LBJ Library Lawn on Thursday April 26, 2012, in Austin.

Photo: Rebeca Rodriguez / Associated Press

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Ron Paul gives a speech to his supporters at the University of Texas at the LBJ Library Lawn on Thursday April 26, 2012, in Austin.

Ron Paul gives a speech to his supporters at the University of Texas at the LBJ Library Lawn on Thursday April 26, 2012, in Austin.

Photo: Rebeca Rodriguez / Associated Press

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Ron Paul waves at the crowd during his speech at the University of Texas LBJ Library Lawn on Thursday April 26, 2012, in Austin.

Ron Paul waves at the crowd during his speech at the University of Texas LBJ Library Lawn on Thursday April 26, 2012, in Austin.

Ron Paul answers questions from the media after at the Greenville/Spartanburg Whistle Stop at the Greenville Downtown Airport on Jan. 20, 2012 in Greenville, S.C.

Ron Paul answers questions from the media after at the Greenville/Spartanburg Whistle Stop at the Greenville Downtown Airport on Jan. 20, 2012 in Greenville, S.C.

Photo: John W. Adkisson / Getty Images

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Ron Paul returns to his plane after a campaign stop at the Greenville/Spartanburg Whistle Stop at the Greenville Downtown Airport January 20, 2012 in Greenville, S.C.

Ron Paul returns to his plane after a campaign stop at the Greenville/Spartanburg Whistle Stop at the Greenville Downtown Airport January 20, 2012 in Greenville, S.C.

Photo: John W. Adkisson / Getty Images

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Mitt Romney and Rep. Ron Paul participate in a debate at the University North Florida on January 26, 2012 in Jacksonville, Florida.

Mitt Romney and Rep. Ron Paul participate in a debate at the University North Florida on January 26, 2012 in Jacksonville, Florida.

Photo: Joe Raedle / Getty Images

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Ron Paul sits while flanked by staff members as he waits to be introduced at a "Hispanics in Politics" event Feb. 1, 2012 in Las Vegas, Nevada.

Ron Paul sits while flanked by staff members as he waits to be introduced at a "Hispanics in Politics" event Feb. 1, 2012 in Las Vegas, Nevada.

Photo: Ethan Miller / Getty Images

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Ron Paul gives his wife Carol flowers for their 55th wedding anniversary at a rally to launch off his campaign for the Nevada caucus, Wednesday February 1, 2012, at the Four Season Hotel in Las Vegas, Nevada.

Ron Paul gives his wife Carol flowers for their 55th wedding anniversary at a rally to launch off his campaign for the Nevada caucus, Wednesday February 1, 2012, at the Four Season Hotel in Las Vegas, Nevada.

Photo: Lacy Atkins / The Chronicle

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Ron Paul listens as the media asks a question at a rally to launch his campaign for the Nevada caucus, Wednesday February 1, 2012, at the Four Season Hotel in Las Vegas, Nevada.

Ron Paul listens as the media asks a question at a rally to launch his campaign for the Nevada caucus, Wednesday February 1, 2012, at the Four Season Hotel in Las Vegas, Nevada.

Ron Paul holds up a one-ounce silver coin while questioning Federal Reserve Bank Board Chairman Ben Bernanke during a full hearing of the House Financial Services Committee on Capitol Hill February 29, 2012 in Washington, DC. less

Ron Paul holds up a one-ounce silver coin while questioning Federal Reserve Bank Board Chairman Ben Bernanke during a full hearing of the House Financial Services Committee on Capitol Hill February 29, 2012 in ... more

Photo: Chip Somodevilla / Getty Images

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Ron Paul holds up a one-ounce silver coin while questioning Federal Reserve Bank Board Chairman Ben Bernanke during a full hearing of the House Financial Services Committee on Capitol Hill February 29, 2012 in Washington, DC. less

Ron Paul holds up a one-ounce silver coin while questioning Federal Reserve Bank Board Chairman Ben Bernanke during a full hearing of the House Financial Services Committee on Capitol Hill February 29, 2012 in ... more

Photo: Chip Somodevilla / Getty Images

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Ron Paul talks to supporters during a campaign rally Wednesday, March 14, 2012 in Champaign, Ill.

Ron Paul talks to supporters during a campaign rally Wednesday, March 14, 2012 in Champaign, Ill.

Photo: Seth Perlman / Associated Press

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Ron Paul talks to supporters during a campaign rally Wednesday, March 14, 2012 in Champaign, Ill.

Ron Paul talks to supporters during a campaign rally Wednesday, March 14, 2012 in Champaign, Ill.

Photo: Seth Perlman / Associated Press

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Ron Paul talks to supporters during a campaign rally Wednesday, March 14, 2012 in Champaign, Ill.

Ron Paul talks to supporters during a campaign rally Wednesday, March 14, 2012 in Champaign, Ill.

Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Photo: Charlie Riedel / Associated Press

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Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Photo: Charlie Riedel / Associated Press

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Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Photo: Charlie Riedel / Associated Press

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Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Photo: Charlie Riedel / Associated Press

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Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Ron Paul talks to supporters during a rally at the University of Missouri Thursday, March 15, 2012, in Columbia, Mo.

Photo: Charlie Riedel / Associated Press

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Ron Paul takes the stage after an introduction from Mo Mohsen Frash, president of the University of Maryland Youth for Ron Paul chapter, during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland. less

Ron Paul takes the stage after an introduction from Mo Mohsen Frash, president of the University of Maryland Youth for Ron Paul chapter, during a town hall meeting at the University of Maryland on March 28, ... more

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul speaks during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul autographs a supporter's book during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul autographs a supporter's book during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul greets supporters during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul greets supporters during a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Photo: T.J. Kirkpatrick / Getty Images

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Ron Paul talks with the press after a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Ron Paul talks with the press after a town hall meeting at the University of Maryland on March 28, 2012 in College Park, Maryland.

Christina Villagomez attracts the attention of caucus voters as she walks through the Lakeland High School gymnasium in Rathdrum, Idaho with an overside Ron Paul head Tuesday, March 6, 2012. (AP Photo/Coeur d'Alene Press, Jerome A. Pollos) MANDATORY CREDIT less

Christina Villagomez attracts the attention of caucus voters as she walks through the Lakeland High School gymnasium in Rathdrum, Idaho with an overside Ron Paul head Tuesday, March 6, 2012. (AP Photo/Coeur ... more

FILE - Republican presidential candidate Rep. Ron Paul, R-Texas, waits backstage as he prepares to speak at CenturyLink Arena in this Feb. 18, 2012 file photo in Boise, Idaho. This year, the state Republican ... more

Photo: Associated Press

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Republican presidential candidate, Rep. Ron Paul, R-Texas, right, laughs with former Massachusetts Gov. Mitt Romney during a break in a Republican presidential debate Monday, Jan. 23, 2012, at the University of South Florida in Tampa, Fla. (AP Photo/Chris O'Meara) less

Republican presidential candidate, Rep. Ron Paul, R-Texas, right, laughs with former Massachusetts Gov. Mitt Romney during a break in a Republican presidential debate Monday, Jan. 23, 2012, at the University ... more

Photo: Associated Press

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In this Jan. 3, 2012 photo, Republican presidential candidate Rep. Ron Paul, R-Texas, left, listens as Cpl. Jesse Thorsen, right, speaks during his caucus night rally, in Ankeny, Iowa. Thorsen, an Army reservist who expressed his support for Paul when he took the stage with the Republican presidential candidate, could face legal troubles, the military said on Thursday, Jan. 5. Army Reserve spokeswoman Maj. Angel Wallace said participating in a partisan political event in uniform is a violation of Defense Department rules, and the military is reviewing whether Thorsen could face legal ramifications. (AP Photo/Eric Gay) less

FILE - In this Feb. 16, 2012 file photo, Republican presidential candidate, Rep. Ron Paul, R-Texas, waves after speaking at Twin Falls Senior High School, in Twin Falls, Idaho. Caucuses in neighboring Washington state will be held on Saturday, March 3, 2012. At stake are 40 delegates to the Republican national nominating convention later this summer, a cache second only to Florida's 50 in contests thus far. (AP Photo/Marcio Jose Sanchez, File) less

Texas on the Potomac regularly presents guest opinions from across the political spectrum. Today, we feature the latest Texas Straight Talk column from Rep. Ron Paul of Lake Jackson.

Last week the Supreme Court heard arguments concerning the constitutionality of the Obamacare law, focusing on the mandate requiring every American to buy health insurance or pay fines enforced by the IRS. Hopefully the Court will strike down this abomination, but we must recognize that the federal judiciary has an abysmal record when it comes to protecting liberty. It’s doubtful the entire law will be struck down. Regardless, the political left will continue its drive toward a single-payer, government run health care system.

The insurance mandate clearly exceeds the federal government’s powers under the interstate commerce clause found in Article I, Section 8 of the Constitution. This is patently obvious: the power to “regulate” commerce cannot include the power to compel commerce! Those who claim otherwise simply ignore the plain meaning of the Constitution because they don’t want to limit federal power in any way.

The commerce clause was intended simply to give Congress the power to regulate foreign trade, and also to prevent states from imposing tariffs on interstate goods. In Federalist Paper No. 22, Alexander Hamilton makes it clear the simple intent behind the clause was to prevent states from placing tolls or tariffs on goods as they passed through each state– a practice that had proven particularly destructive across the many principalities of the German empire.

But the Supreme Court has utterly abused the commerce clause for decades, at least since the infamous 1942 case of Wickard v. Filburn. In that instance the Court decided that a farmer growing wheat for purely personal use still affected interstate commerce–presumably by not participating in it! As economist Thomas Sowell explains in a recent article, the Wickard case marked the final death of federalism: if the federal government can regulate “anything with any potential effect on interstate commerce, the 10th Amendment’s limitations on the power of the federal government virtually disappeared.”

It is precisely this lawless usurpation of federalism that liberty-minded Americans must oppose. Why should a single swing vote on the Supreme Court decide if our entire nation is saddled with Obamacare? The doctrine of judicial review, which is nowhere to be found in Article III of the Constitution, has done nothing to defend liberty against extra-constitutional excesses by government. It is federalism and states’ rights that should protect our liberty, not nine individuals on a godlike Supreme Court.

While I’m heartened that many conservatives understand this mandate exceeds the strictly enumerated powers of Congress, there are many federal mandates conservatives casually accept. The Medicare part D bill– passed under a Republican President and a Republican House–mandates that you submit payroll taxes to provide prescription drugs to seniors. The Sarbanes-Oxley bill, also passed by Republicans, mandates that companies expend countless hours of costly manpower producing useless reports. Selective service laws, supported by defense hawks, mandate that young people sign up for potential conscription. I understand the distinction between these mandates and Obamacare, but the bigger point is that Congress routinely imposes mandates that are wildly beyond the scope of Article I, Section 8.

Perhaps the most important lesson from Obamacare is that while liberty is lost incrementally, it cannot be regained incrementally. The federal leviathan continues its steady growth; sometimes boldly and sometimes quietly. Obamacare is just the latest example, but make no mistake: the statists are winning. So advocates of liberty must reject incremental approaches and fight boldly for bedrock principles. We must forcefully oppose lawless government, and demand a return to federalism by electing a Congress that legislates only within its strictly limited authority under Article I, Section 8.